Planning granted now lapsed - right to look to renew ??

almae34

Could someone help advise on the below

Basically 10 yrs ago we were granted planning permission to build an extension on a derelict cottage and redo up with cottage. The cottage has been in my husbands family for 100s of years.
Over the years we were not in a position to go ahead with the building works. Now the grant has lapsed.
At the time of application as my father in law owned the land he had to submit a letter with our application stating he had no obligations etc to our application and was giving it to his son.

My father in law has since passed away and now there is other land to be sold but it is also to include the cottage as we have been advised because we didn't get it legally signd over in a solicitors to my husband he has no legal right to it. The land and cottage area foilos are in my father in laws name.

Am I right in thinking we cannot renew the grant of permission even though my father law had submitted the letter at the time of our application.


Any advice would be great

T-Maxx

You can only renew an extant permission, which in your case would have been 5 years I presume.

AnRothar

almae34 wrote: »

Could someone help advise on the below

Basically 10 yrs ago we were granted planning permission to build an extension on a derelict cottage and redo up with cottage. The cottage has been in my husbands family for 100s of years.
Over the years we were not in a position to go ahead with the building works. Now the grant has lapsed.
At the time of application as my father in law owned the land he had to submit a letter with our application stating he had no obligations etc to our application and was giving it to his son.

My father in law has since passed away and now there is other land to be sold but it is also to include the cottage as we have been advised because we didn't get it legally signd over in a solicitors to my husband he has no legal right to it. The land and cottage area foilos are in my father in laws name.

Am I right in thinking we cannot renew the grant of permission even though my father law had submitted the letter at the time of our application.


Any advice would be great

There are 2 separate things.
1 the lapsed planning permission.
2 the ownership of the actual cottage and the lands around it.

By your admission your father in law did not regularise the latter before he passed.

The letter submitted as part of the initial planning application may support your claim to that part of your father in law 's estate.

You need to get legal advice.

Gumbo

almae34 wrote: »

Could someone help advise on the below

Basically 10 yrs ago we were granted planning permission to build an extension on a derelict cottage and redo up with cottage. The cottage has been in my husbands family for 100s of years.
Over the years we were not in a position to go ahead with the building works. Now the grant has lapsed.
At the time of application as my father in law owned the land he had to submit a letter with our application stating he had no obligations etc to our application and was giving it to his son.

My father in law has since passed away and now there is other land to be sold but it is also to include the cottage as we have been advised because we didn't get it legally signd over in a solicitors to my husband he has no legal right to it. The land and cottage area foilos are in my father in laws name.

Am I right in thinking we cannot renew the grant of permission even though my father law had submitted the letter at the time of our application.


Any advice would be great

The land and cottage are not in your name so you need a letter of consent to apply for a new planning application.

You cannot renew the old planning at this stage. It’s a fresh new application.

almae34

Gumbo wrote: »

The land and cottage are not in your name so you need a letter of consent to apply for a new planning application.

You cannot renew the old planning at this stage. It’s a fresh new application.

Thank you all for the advice